Better Broadband Better Lives

WASHINGTON, April 12, 2010 – Players in the telecommunications industry were elated last Tuesday as the Court of Appeals for the Federal Circuit invalidated the Federal Communications Commission’s authority to regulate broadband service under the principles promulgated in the Commission’s Internet Policy Statement.

The ruling, which Comcast sought following the FCC’s imposition of sanctions on the cable provider when activists revealed the company was blocking subscribers’ use of BitTorrent file sharing services, after Comcast had denied engaging in any such behavior.

Comcast responded by challenging the agency’s authority to regulate broadband services in the first place, alleging the Commission’s “ancillary jurisdiction” did not allow it to extend its’ authority around cable modem service.

Industry groups representing both the cable and wireless broadband industry expressed relief at the Court’s ruling. Steve Largent, president and CEO of wireless association CTIA said in a statement that the Court’s “unanimous and very thorough opinion” clarifies that the FCC has no authority to regulate broadband.

Instead, the Commission should focus on implementing its’ national broadband plan by “spurring investment, innovation, and job growth, and to turn away from calls to impose restrictive regulations on the Internet ecosystem.” Largent added that “it is time to turn away from murky regulatory debates and focus on connecting all Americans and leading the world in broadband."

Cable industry groups were similarly elated, as National Cable and Telecommunications Association president Kyle McSlarrow said the Court correctly ruled “a specific order by the previous FCC was wrong.” But nothing would change about the cable industry’s “longstanding commitment to provide consumers the best broadband experience,” McSlarrow said.

McSlarrow made clear he was not adverse to working towards a solution to network management issues in the future. “We continue to embrace a free and open Internet as the right policy and will continue to work with the Commission and other policymakers and stakeholders to find a sound way of preserving that goal,” he said.

Comcast spokeswoman Sena Fitzmaurice said that the company was “gratified by the court’s devision to vacate the previous FCC’s order.” “We will continue to work constructively with this FCC as it determines how best to increase broadband adoption and preserve an open and vibrant Internet,” Fitzmaurice said.

Andrew Feinberg is the White House Correspondent and Managing Editor for Breakfast Media. He rejoined BroadbandBreakfast.com in late 2016 after working as a staff writer at The Hill and as a freelance writer. He worked at BroadbandBreakfast.com from its founding in 2008 to 2010, first as a Reporter and then as Deputy Editor.
He also covered the White House for Russia's Sputnik News from the beginning of the Trump Administration until he was let go for refusing to use White House press briefings to promote conspiracy theories, and later documented the experience in a story which set off a chain of events leading to Sputnik being forced to register under the Foreign Agents Registration Act.
Andrew's work has appeared in such publications as The Hill, Politico, Communications Daily, Washington Internet Daily, Washington Business Journal, The Sentinel Newspapers, FastCompany.TV, Mashable, and Silicon Angle.

2 Comments

So let me make sure I have this straight: it’s not okay for the FCC to try to regulate broadband, but it is okay for companies like Comcast to block network protocols that they don’t like without informing their subscribers?